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CC 2017 11 13 CHANHASSEN CITY COUNCIL REGULAR MEETING NOVEMBER 13, 2017 Mayor Laufenburger called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilwoman Tjornhom, Councilman McDonald, and Councilwoman Ryan COUNCIL MEMBERS ABSENT: Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Kate Aanenson, Paul Oehme, Greg Sticha and Roger Knutson PUBLIC PRESENT: Nick Preisler WSB and Associates Lita Cantin 6694 Nez Perce Drive Mayor Laufenburger: Thank you and welcome to this council meeting. Those of you that are in the council chambers as well as those of you that may be watching on Mediacom cable television channel 8 or 107.2 and those that are watching live through our website livestream service. Let the record reflect that all council members are present tonight with exception of Councilmember Campion who has an excused absence. First action tonight is agenda. Council members are there any modifications to the agenda as printed this evening? There being none we will proceed with the agenda as it is printed. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman McDonald moved, Councilwoman Tjornhom seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated October 23, 2017 2. Receive Planning Commission Minutes dated October 17, 2017 3. Approve 2017 Service Agreement for Joint Assessment with Carver County Assessor. 4. Fawn Hill: Approve Reassignment of Development Contract to HPH Fawn Hill, LLC. 5. Resolution 2017-67: Designate Polling Places for 2018. Chanhassen City Council – November 13, 2017 6. Approve Subscription Agreement with Minnesota Community Solar for Participation in a Community Solar Garden. 7. Resolution 2017-68: Galpin Boulevard (CR 117) from Highway 5 to north city limits, City Project #PW-176A: Approve Consultant Contract and Joint Powers Agreement with Carver County for Feasibility Study. 8. Resolution 2017-69: 6411 Bretton Way – Approve Registered Land Survey 128. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: None. PARK ROAD IMPROVEMENT PROJECT 2016-04: APPROVE CHANGE ORDER. Mayor Laufenburger: Is this your’s Mr. Oehme? Paul Oehme: It is Mayor. Mayor Laufenburger: Alright, welcome. Paul Oehme: Thank you. Thank you Mayor, City Council members. With me tonight is Nick Preisler. He’s from WSB. He’s the consulting engineer and project manager for this project. Just this item is to consider authorizing or approving a change order for a change in conditions for this project. The project was originally approved by the City Council earlier this year and scheduled for construction this fall. We did run into a slight problem with the installation of a box culvert. The project itself is. Mayor Laufenburger: Mr. Oehme could I just stop you for a second? Paul Oehme: Sure. Mayor Laufenburger: Just give a 30 second what is the project that we’re referring to? Paul Oehme: Sure. Yep, exactly. It’s Park Road improvement project. It’s mainly a mill and overlay project of Park Road from Audubon Road to Powers Boulevard which includes the replacement of a box culvert for Riley. Mayor Laufenburger: I just want to make sure anybody who’s listening would know that. Thank you very much Mr. Oehme, continue. 2 Chanhassen City Council – November 13, 2017 Paul Oehme: Sure. So as I had stated one of the improvements for this project was a replacement of a box culvert. It was approximately a 12 by 9 foot diameter box structure that was poured in place. We think it was constructed back in 1964. This box culvert is large enough to be considered a bridge by MnDOT’s criteria and annually we had the box rated and recently the structure was rated as structurally deficient which means that there’s some significant things that are taking place here that are no longer, that should be addressed very quickly and about, I think it was 5 years ago the roof of this box culvert actually caved in. We had an emergency repair that was completed on it as well so we knew that the project, this Park Road project was coming up with a mill and overlay and at that time we would, staff recommended to the council to replace the box, this structure as well at the same time. The box culvert itself, we think it was again constructed in 1964. The City does not have any very good records or record drawings of when it was installed or how it was constructed or anything associated with it. We had very limited information there so we did take soil borings. We had a geotechnical engineer report completed for the project. We did take soil borings along the box culvert to try to identify what kind of soils are in close proximity to the box culvert. We did that, the report was completed. Soils looked okay at that time. The low bearing capacity for the box so what the engineers had at that time recommended was replacing the soils underneath the structure with 24 inches of aggregate, basically a Class V aggregate. Common design and that was included in the contract documents. Unfortunately when we went to construction the structure was found to be supported with 93 timber pilings which are, I don’t know if you can see it but these little orange dots here. Those are highlighted as the pilings. Basically wood timbers. We think they’re anywhere between 12 and 30 feet deep those pilings and the soils in this area were considerably different than we anticipated when the soil borings were completed. Found to be organic, non-bearing type of material so at that point in time we looked at what would need to be done to correct that situation so we can go forward with putting the new box at this location so we looked at re-using the existing timber piles that were out there. What that would take. Look at what the cost associated with that would be. We looked at also driving new piles out there and replacing the old wood timber piles and then also a geotechnical solution which would involve removing the existing soils that are currently out there and building it up with better materials so we did have again a soils engineer come out and test the soils. We had an excavator dig down as best as we can and see where the poor soils ended and we determined that, the engineers determined that we would need to dig down another 3 feet underneath the current elevation of the box. Replace that material with good material. Good aggregate material. Put some fabric in there to try to stabilize it as well and cut off the existing timber piles and build the area back up to where we need to place the box so that’s currently, that’s the proposed design. The proposed plan moving forward. The cost associated with that we, the engineers did identify what potential costs would be associated with it. And then we talked to the contractor about the cost and these are the final numbers that he came up with. A lot of these costs are based on our unit prices that were included in the contract documents originally but there are some additional items out here like cutting off the wood timbers. Those type of things so the proposed change order is $69,156.70. This structure is State Aid eligible so the gas tax money that the City receives annually would be appropriate funding source. That is the original funding mechanism that was originally proposed and approved for paying for the replacement of the box. The design, or the cost still has to go 3 Chanhassen City Council – November 13, 2017 through MnDOT for final approval but we don’t see a big variance for these costs when MnDOT would be able, would sign off on it so. Schedule moving forward. We think that if we would start this week with the replacement and working on the change order it will probably be about 2 weeks worth of building the box culvert or putting the box culvert and removing the poor soils and another week to build the road section and try to get the road opened by the first week in December and then since we’re running out of time here for construction season we would postpone the rest of the project til next spring and have the rest of the road and the curb and th gutter, sidewalk repairs completed by June 15. So that is in a nutshell the change order. The proposed schedule change and if there’s any questions associated with that I’d be more than happy to try to answer them. Mayor Laufenburger: Alright, thank you Mr. Oehme. Council members any questions for Mr. Oehme or? Nick Preisler: Preisler. Mayor Laufenburger: Preisler? Nick Preisler: Yep. Mayor Laufenburger: Okay. Council, anybody? Councilmember Ryan, go ahead. Councilwoman Ryan: Thank you. So with the, about $70,000 and now with the continuation into June, does that then take into account any additional charges or is $70,000 going to be it for this project? Paul Oehme: No, so that’s a great point. So there are, the contractor is eligible for delay claims. There’s some cost associated with staff’s time or the engineering time to try to figure out the best mechanism to, the most cost effective approach to fix this. The project hasn’t been worked on for about a month I think so they had a pump out there. Councilwoman Ryan: The project in terms of actual work… Paul Oehme: Yeah exactly. It’s been delayed until we have this issue figured out so there’s been some pumps that have been sitting out there. There’s a sanitary sewer that’s been, has been, being by-passed pump right now. The storm water we don’t want going through the channel right now because it’s, it can erode that area out and cause storm water to be contaminated through that area so, so there’s a couple costs associated with that and then the contractor can apply for delay claims as well too so those are the things that we still haven’t received and haven’t talked with or figured out right now so MnDOT has to sign off on those delay claims and those costs. We want to get the city attorney involved with that aspect of that second change order that potentially will be coming down the road but besides that, that would be all the costs that we would see additionally in the future. 4 Chanhassen City Council – November 13, 2017 Councilwoman Ryan: And do we have any idea what those additional costs are yet? Nick Preisler: So the costs have been submitted by the contractor as far as daily rates that they would be but we haven’t pinned down that the dates that it would start and the dates that it would end. Allowing this work to progress would pull our end date but our state date is still up for negotiation and needs to be determined and approved by MnDOT before we can move forward with it. Also included with those delay costs that the contractor sends, all of that needs to go through MnDOT and checked over and some of it may not be eligible depending on certain circumstances. Councilwoman Ryan: And so if MnDOT comes back and doesn’t approve any of the additional you know requests, then it comes back to us to, for us to pay or how does that work? Nick Preisler: No. MnDOT determines, we use MnDOT specifications to bid the contract and to execute the contract and what MnDOT will determine is whether or not those costs are in line with the specifications of the project. Odds are if there was something in there that is not allowable then the contractor would not get compensated for it. Councilwoman Ryan: Okay, but in terms of the costs that are coming, the $70,000 coming back to us. If MnDOT doesn’t approve that or you anticipate that they’ll approve it and then we’ll get the, be able to use the MSA funds? Nick Preisler: Correct. We anticipate MnDOT approving these costs. They are initial costs from the contractor that we would expect to be minor changes in it and we will only pay the costs that the contractor does incur going throughout this process so it is something that we will document their time and their material spent doing it and then this is the contractor’s estimate for how much it would cost them. Very similar to their bid up front. Councilwoman Ryan: Okay. And then just in terms of the road opening, it will be open for the winter but just the curb and gutter won’t be there? Paul Oehme: Right. We’re, if the weather holds out we’d like to pave the road this year and get the base course down this year. We wouldn’t put the wear course on so we definitely want to get the road open. At the worst case scenario we’ll have it gravel over the winter months but we’d really like to get it paved this year. Councilwoman Ryan: Okay. I think that’s it, thank you. Mayor Laufenburger: Anybody else? Mr. Oehme would you, if you’re not able to pave it would you put weight restrictions on the road or would you put weight restrictions on the road anyway without completing it? 5 Chanhassen City Council – November 13, 2017 Paul Oehme: I don’t think we would need to do that. It would be a pretty beefy section if we can pave it. We’ll probably, it would be a gravel section as well too so we’re not really worried about in the spring the road heaving or anything. I don’t think that would be necessary. Mayor Laufenburger: Okay, and you’re in touch with specifically IWCO regarding, they’re aware of the timing of this? Paul Oehme: Yep. Mayor Laufenburger: Obviously they want to see this road done. Paul Oehme: Yeah, we’ve had phone conversations with them and then we’ve updated our website too as best as we can. Mayor Laufenburger: Okay. Regarding the delay costs. Those costs that would be approved by MnDOT, those costs really do come back to the City to pay. MnDOT won’t pay those? Paul Oehme: That’s correct. It would come out of our proposed state aid funds. Mayor Laufenburger: Yeah. Would you, can you give us any estimate, you know on what the possible maximum exposure on some of those delayed costs? Paul Oehme: Well it’s, I don’t know it’s hard. Mayor Laufenburger: It’s not possible for us to avoid something that MnDOT says yep, they get to get this, correct? Nick Preisler: Correct. MnDOT will determine what is allowable and then there really won’t be much discussion to it given that those were the specifications that the contractor used to bid the project. And it really, it’s difficult Mayor to answer your question because we don’t know exactly when the delays are going to go on. To get into a little bit more detail, the moment that, or the day after that this, these timber piles were discovered we had a significant rain event and that rain event prevented the contractor from working for a good amount of time so one thing that we need to negotiate and determine is when does that delay begin and does it take into account that rain event because that does make a significant impact on the delay costs. Mayor Laufenburger: And does a rain event contribute to delay or not? Nick Preisler: So if it’s within, we had pumping specifications for the creek. Mayor Laufenburger: Yep. 6 Chanhassen City Council – November 13, 2017 Nick Preisler: If it’s within those specifications the contractor’s responsible to get that creek into a position where they can still work. Mayor Laufenburger: Gotch ya. Nick Preisler: That rain event was very borderline on the specifications. It’s very, very close in inches. It’s a 24 hour, or two day 24 hour storm event that we used and it’s very, very close so that’s one of the large negotiation pieces that we’re going to need to go through and determine when those delay costs begin. To give you an idea the delay costs were around $2,000 per day and then that would be extrapolated over potentially a month. Mayor Laufenburger: Okay. So if I, even in my simple math are those work days or is that every day? Nick Preisler: It would be calendar days because they needed to pump the creek every day. Mayor Laufenburger: Gotch ya. Nick Preisler: And that’s a bulk of where the costs came from. Mayor Laufenburger: So it’s reasonable to say that it could be in the range of 60 plus. Could go as high as 100. Maybe higher than that. Nick Preisler: And it could be less. Mayor Laufenburger: Could be less, okay. Nick Preisler: Yes. Mayor Laufenburger: But the governing specifications as you identified is they’re MnDOT’s so hence we’re asking MnDOT to, or they have a responsibility to review those, those requests to determine whether or not they’re valid. Nick Preisler: Yeah the contractor has a responsibility to tell us, or show us and prove to us that that rain event was above and beyond the specifications and then that really the contractor’s main focus right now is to continue the project. Mayor Laufenburger: Okay. Nick Preisler: And they wish to discuss that later. Mayor Laufenburger: Okay, but we do know based on the work that’s been done so far that $69,000 plus will get us a box culvert that’s supported properly with etcetera. 7 Chanhassen City Council – November 13, 2017 Nick Preisler: Correct. Mayor Laufenburger: Alright, okay. Any other questions or comments from council? Mr. Oehme does this require a public hearing? Paul Oehme: No it doesn’t. Mayor Laufenburger: Okay, alright. Any comments or action council? Councilwoman Ryan: I’ll make a motion Mr. Mayor. Mayor Laufenburger: Thank you Councilmember Ryan. Go ahead. Councilwoman Ryan: I’d like to make a motion that the City Council approves Change Order number 1 to the Park Road/Park Place Street Improvement Project No. 16-04. Mayor Laufenburger: Alright, we have a valid motion. Is there a second? Councilman McDonald: Second. Mayor Laufenburger: Thank you Mr. McDonald. Any further discussion? Resolution #2017-70: Councilwoman Ryan moved, Councilman McDonald seconded that the City Council approves Change Order No. 1 to the Park Road/Park Place Street Improvement Project No. 16-04. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Mayor Laufenburger: Administrative presentations Mr. Gerhardt. Todd Gerhardt: Just two items this week. I will be attending the 276 Leaders Meeting tomorrow at 11:30 at the Minnetonka Civic Center next to City Hall and then on Wednesday the Mayor is going to be giving an update on kind of the community to date. Year to date update. All the mayors within Southwest Chamber jurisdiction will be giving an update which includes Victoria, Carver and Chaska so look forward to the mayor’s presentation on Wednesday. Mayor Laufenburger: Yeah. I look forward to it as well. Todd Gerhardt: Alright. 8 Chanhassen City Council – November 13, 2017 Mayor Laufenburger: Anything else? Todd Gerhardt: That’s all I have. Anything the council may have for me? Mayor Laufenburger: Not at this time. CORRESPONDENCE DISCUSSION. None. Councilman McDonald moved, Councilwoman Tjornhom seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 7:25 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 9